Legal help when suspected of DUI in Sweden

What is DUI under Swedish law?

You may be convicted of DUI if you operate a motor vehicle or streetcar with an alcohol concentration of at least 0.2 per mille in your blood or 0.10 milligrams per liter in your breath during or after driving.

You may also be convicted if alcohol or another substance has impaired you to the point that you could not operate the vehicle safely. In that situation, the assessment may be based on your driving, your behavior, and the test results.

The penalty for the standard offense is a fine or imprisonment for up to six months.

When is DUI considered aggravated?

When determining whether the offense is aggravated, the court gives particular consideration to whether:

• the alcohol concentration reached at least 1.0 per mille in the blood or 0.50 milligrams per liter in the breath
• the driver was substantially impaired by alcohol or another substance
• the driving created a clear danger to road safety.

The alcohol level is significant, but the classification is based on an overall assessment. The manner of driving, the traffic conditions, and the danger created may also affect the outcome. Aggravated DUI is punishable by imprisonment for up to two years.

Drug-impaired driving

You may be convicted if a narcotic substance remains in your blood during or after driving. The rule is generally based on zero tolerance and does not require the prosecutor to prove a particular minimum concentration.

An exception applies when a controlled medication was taken according to a prescription from an authorized medical professional. You may still be convicted if the medication or another substance impaired your ability to operate the vehicle safely.

How is a DUI investigated?

The police may first conduct a screening breath test for alcohol. If it produces a positive result, an evidentiary breath test may follow. Blood testing is generally used when drug-impaired driving is suspected.

The investigation may include:

• breath or blood analysis results
• the police officers’ observations
• interviews with the driver and witnesses
• information about prescriptions and medication
• video, photographs, and other technical evidence.

The defense should examine how the test was performed, what the result actually proves, and whether the other evidence supports the allegation.

What happens to your driver’s license?

The driver’s license matter is separate from the criminal proceedings. The police may temporarily seize the license, but the Swedish Transport Agency decides whether it will be revoked and determines the disqualification period.

For a standard DUI offense, the disqualification period is normally at least 12 months. For aggravated or repeated DUI, it is normally at least 24 months. Drug-impaired driving normally results in a 12-month period. The exact outcome depends on the circumstances and any previous licensing action.

In some alcohol-related cases, you may apply to continue driving with an ignition interlock device instead of losing your license for the full period. This option is not available for drug-impaired driving.

When is a medical evaluation required?

A person convicted of aggravated DUI or repeated DUI within the previous five years will normally need to submit a special medical certificate concerning alcohol and drugs when applying for a learner’s permit or a new license.

The Swedish Transport Agency may also examine whether the medical requirements for holding a license are met. This process may involve medical certificates and laboratory testing. The medical licensing assessment is separate from the court’s decision on criminal responsibility.

What happens after you become a suspect?

After testing, the police continue the preliminary investigation. You may be interviewed and given an opportunity to respond to the allegation. When the investigation is complete, the prosecutor decides whether to close the case, issue a summary penalty order, or bring charges.

The time before a possible trial varies depending on the laboratory results, any additional investigation, the prosecutor’s decision, and the court’s schedule. Do not accept a summary penalty order without understanding its consequences. Once accepted, it generally has the same legal effect as a judgment.

DUI is one of several Swedish traffic offenses that may carry both criminal and licensing consequences.

What penalties can DUI carry?

The sentence depends on the circumstances of the case. Day fines are common for the standard offense, although the law also permits imprisonment for up to six months.

Aggravated DUI is punishable by imprisonment for up to two years. The court may consider the alcohol level or degree of impairment, the danger to traffic, the driving distance, and the other circumstances.

Additional charges may apply. Driving that created a traffic danger may, for example, also result in an allegation of careless driving.